Judge Blocks Part of Patriot Act



1) Is Judge Marrero correct in his assertions? Do you agree with his ruling?

2) Will Marrero be viewed as an activist judge by the conservative media, like the judges whom ruled on the gay marriage cases?

3) Is it likely that this will lead to a dismantling of the patriot act altogether?

1) Is Judge Marrero correct in his assertions? Do you agree with his ruling?
Yes, I believe he is. The following is from the constitution and deals directly with this issue:



I would say that secret searches qualify as a violation of our constitutional rights.

2) Will Marrero be viewed as an activist judge by the conservative media, like the judges whom ruled on the gay marriage cases?
I'm sure that he will because the buzz word "activist judge" is all the rage these days isn't it? Marrero has made a direct attack upon a provision of the Patriot Act which is the brain child of our current administration and the neo-conservatives behind that administration. They are very proud of it and Bush considers it one of his crowning achievements in the fight against terrorism, just listen to a few speeches. So it will not at all surprise me if this judge is declared an "activist judge" that "must be stopped".

3) Is it likely that this will lead to a dismantling of the patriot act altogether?
I think that it is very likely indeed, because it will only take a few court cases making it to the supreme court and I feel they will rule the whole thing unconstitutional. The government is also likely to hasten this process by interpretting the law broadly and violating the rights of an average citizen not connected to terrorists.

1) Is Judge Marrero correct in his assertions? Do you agree with his ruling?

Yes, I agree completely with the decision of Judge Marrero - The Patriot Act gives government officials the right to obtain personal information about anyone by issuing a "national security letter". Furthermore, it restricts ones ability to challenge the search and/or seizure by making it illegal to disclose that a demand for information (the "national security letter") has been made.

Basically, the Government can obtain information about you or seize property with out you being able to challenge them. This concerns me becasue in many ways the United States Government under the leadership of President Bush is turning into a Gestapo like government. I thought that the United States was founded upon freedom and individual rights.

As noted above, and from the decision of Judge Marrero, the Patriot Act violates the Constitution and our rights as citizens "against unreasonable searches and seizures" [Article IV] "nor be deprived of life, liberty, or property, without due process of law" [Article V].

Nothing could be clearer and further exposes the neo-conservative agenda for the American people.

2) Will Marrero be viewed as an activist judge by the conservative media, like the judges whom ruled on the gay marriage cases?

Obviously, Judge Marrero will be seen as an "activist" or liberal judge who does not support the "proper use of force" by the current Administration to "protect" us from terrorists. Funny how this "protection" has lead to the violation and oppression of our rights and freedoms.

3) Is it likely that this will lead to a dismantling of the patriot act altogether?

Yes, I believe that the ruling byUS District Judge Victor Marrero that these provisions of the Act violate the US Constitution as well as the ruling of the US Supreme Court in June that terror suspects must be granted access to the courts will lead to entire Patriots Act being declared unconstitutional.

1) Is Judge Marrero correct in his assertions? Do you agree with his ruling?

I agree that secret searches should not be done without your knowledge after the act, given a set amount of time has passed, but they are not unconstitutional. There still has to be a judge given evidence of the search and the judge has to approve of the action (the FISA court) so it is NOT unconstitutional.

2) Will Marrero be viewed as an activist judge by the conservative media, like the judges whom ruled on the gay marriage cases?

Of course - even by Democrats that agreed to pass the law (though somehow Kerry has flip-flopped on this, but I agree with his flop but not his flip)

3) Is it likely that this will lead to a dismantling of the patriot act altogether?

No, the patriot act will not be repealed as a whole due to this ruling, most of it is just a modern day expansion to the FISA Act of 1978.